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Lionel Rattenbury
Criminal Defence Lawyer


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Public Order Offences - NSW
Welcome to the NSW Starting a bushfire article page. Everything you need to know about Starting a bushfire according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Starting a bushfire
According to NSW Law for the charge of Starting a bushfire,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
48391 Intentionally cause fire and be reckless as to its spread-T1

The Maximum Penalty - Starting a bushfire
According to NSW Law for the charge of Starting a bushfire,

The maximum penalty for the charge of starting a bushfire (Section 203E of the Crimes Act) is 14 years imprisonment.

In NSW, a court can impose any of the following penalties for a starting a bushfire charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of start bushfire, if heard in the Local Court, is likely to be a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.

For first time offenders the likely penalty is a suspended sentence with supervision under section 12 Crimes (Sentencing Procedure) Act.

District Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of start bushfire, if heard in the District Court, is likely to be imprisonment for a period of 5 years.

For first time offenders the likely penalty is imprisonment for a period of 4 ½ months.

What the Police must prove according to NSW Law for Starting a bushfire

To convict you of a starting a bushfire charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You intentionally caused a fire.
  2. You were reckless as to the spread of the fire to vegetation on any public land or on land belonging to another.

They will also need to prove that you were the person who committed the starting a bushfire offence.

Possible Defences under NSW Law - Starting a bushfire

Possible defences to a starting a bushfire charge include but are not limited to:

In NSW which court will hear the matter - Starting a bushfire

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a starting a bushfire charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a starting a bushfire charge: When deciding the amount of a fine for a starting a bushfire charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for a starting a bushfire charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for a starting a bushfire charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for a starting a bushfire charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for a starting a bushfire charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a starting a bushfire charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a starting a bushfire charge: This is the most serious penalty for the charge of starting a bushfire and involves full time detention in a correctional facility. Read more.

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